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Timothy Bryan Liebaert

Timothy Liebaert’s Answers

98 total


  • I was admin transferred to another county the day after I was paroled,they said I had to llive 35 miles and another county

    They said victim requested it, but I looked in ca penal code for d.v. and criminal threats (serious not violent) for special conditions, and I couldn't find where it said it qualifies as special condition of parole.

    Timothy’s Answer

    “The Board of Prison Terms upon granting any parole to any prisoner may also impose on the parole any conditions that it may deem proper.” (P.C. 3053(a).) The usual conditions govern the parolee's residence, employment, and civil rights, restrict the use of alcoholic beverages and motor vehicles, and forbid possession of narcotics and weapons. However, the circumstances of the case may dictate still further conditions. Thus, if another sovereign asserts a claim to try a prospective California parolee for a crime committed against its own laws, the grant of parole is often conditioned on agreement by the prisoner to be released directly to the custody of that sovereign. (In re Schoengarth (1967) 66 C.2d 295, 300, 57 C.R. 600, 425 P.2d 200, supra, §620.)

    In People v. Hass, (Not Reported in Cal.Rptr.3d, 2011 WL 6739479, Nonpublished/Noncitable (Cal. Rules of Court, Rules 8.1105 and 8.1110, 8.1115), Cal.App. 4 Dist., December 23, 2011 (NO. D058263)

    the court said “because the residency restriction was punitive and hence barred under Apprendi.(Id. at pp. 343–344, 106 Cal.Rptr.3d 239, 226 P.3d 348 .) The court reasoned that regardless of the viability of the residency restriction, the trial court could exercise its discretion to decide whether to impose the discretionary registration requirement. ( Ibid. ) The court noted that the residency restriction may or may not be punishment for the crimes, stating that if the restriction was not punishment there was no Apprendi problem, and if the restriction was punishment it was barred in any event under ex post facto principles because the crimes were committed before the enactment of the residency restriction law. ( Ibid. ) Several appellate courts have reached conflicting results on the issue of whether the residency restriction attached at sentencing constitutes punishment...

    There is a boat-load of cases dealing with residency restrictions. On parole of a person imprisoned for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a person specified in Family C. 6211 (spouse, former spouse, cohabiting, person related by consanguinity or affinity within second degree, etc.; see 11 Summary (9th), Husband and Wife, Supp., §36A), the parole authority may, in specified circumstances, require the person to participate or successfully complete a batterer's program. If no batterer's program is available, another appropriate counseling program may be substituted. (P.C. 3053.2(b), (c); for program participation guidelines, see P.C. 3053.2(d)-(i)

    Since the court can order a parolee to participate in a batterer’s program, it would stand to reason that the court can legitimately order a residency restriction such as the one you have described.

    However, under the proper facts (such as you have always lived in a small town, where your family resides, and where you can obtain work, and proof that you have tried but cannot obtain work elsewhere, the court could hold that under your particular facts, that the residency restriction is punitive and therefore not permitted.

    So, I think it really boils down to the facts that are particular to your case; and the facts of your case could swing a court in one direction or the other.

    Good luck. Tim Liebaert, Esq.

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  • How do i go about information on land lord selling the house without notifing the renter

    house has mold, sink leaking, roof leaking walls falling apart, came down from texas to fix it but end up putting it up for sell without notice

    Timothy’s Answer

    You can go to the County Recorder's office for the County where you live and search for records pertaining to the subject property. If you know a real estate broker, that person can search public records without going to the Recorder's office (it can be a bit less reliable, however.) Often times attorneys have access to this information through a "title plant," which is a service they pay for to obtain this public information. Here is a secret: if you call a title company that is in your area, they are very nice people and if you ask nicely they just might print out the title history for you and e-mail it to you before you hang up your phone.

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  • What form do I need for my lawyer can get the evidence inspected before a motion in court.

    I have a motion to suppress evidence coming up for a transmission the police said was stoled, but they don't have the evidence. So I need to put a request in to inspect what the state have for my hearing.

    Timothy’s Answer

    A motion to suppress evidence is not a trifling motion. They are infrequently granted because it usually means, that if the court grants the motion, the prosecution's case cannot go forward---because evidence was ordered suppressed by the court. Thus, the evidence that is used to support such a motion, must be carefully assembled. If there is a problem with the evidence relied upon for such a motion, the court will not grant the motion. The evidence used can come from a subpena, public records, statements of witnesses, and generally any information that is relevant and admissible in court can be used.

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  • Can you be sentenced for charges that were dismissed in your past?

    My brother has been in jail since New Years over his Ex Girlfriend Lying. Well because they don't have enough evidence to sentence him there trying to sentence him for things in his past that were dismissed. Is that possible?? What can I do to hel...

    Timothy’s Answer

    The only way to get to a good, reasoned, answer is to review all the court documents. Then, conduct legal research. Each case has its own eccentricities. So, I cannot say. However, many times cases are too old to prosecute....that may be the situation here.

    To answer your question a bit better, if a case was dismissed to bring it again would be double jeopardy and is not permitted under the US Constitution.

    My direct desk line is 909-9889-4200. If you do not reach me there, write to tim@liebaertlaw.com and we can investigate this further.

    Tim Liebaert, Esq.

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  • I have changed my corporation's name with the state to take off an old partner, what else needs to be done?

    I just received the stamped page back from the secretary of the state. We also were operating under a DBA, do I need to file a new DBA statement with the new corporate name as the underlying? We would like to keep the DBA name the same. Who else d...

    Timothy’s Answer

    Sometimes there is no bright line. But do get a new DBA to demonstrate that this is a "new business." If you can change the name a bit, that is best.

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  • Business Fraud? Debt incurred after the business closed but bank account remained unknowingly open...

    I opened a business bank account in 2001 with a partner. The business never got off the ground and I was told by my partner the account was closed within several months of opening it. I had no contact with the partner after 2003. Now in 2010...

    Timothy’s Answer

    Your describing credit theft. It is fraud. It may be very simple to prove and if the defendant had any assets it would be worth pursuing the case. The problem is when you get a judgment can it be collected.?

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  • Simple battery question - I have a 14 yr old that shot a lady with a $10 aerasoft gun.

    He had been playing with kids all weekend shooting each other with this gun. He thought this would be a funny prank. The lady called police and has filed a simple battery charge against him. She said that it didn't hurt so I don't understand the ...

    Timothy’s Answer

    I do not think the charge will be dropped. It should be filed. Then, you son will enter the Juvenile Court arena. It will not be painless but be good supportive parents. It can also be important to have counsel in these matters as sometimes they become unpredictable.

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  • Simple battery question - I have a 14 yr old that shot a lady with a $10 aerasoft gun.

    He had been playing with kids all weekend shooting each other with this gun. He thought this would be a funny prank. The lady called police and has filed a simple battery charge against him. She said that it didn't hurt so I don't understand the ...

    Timothy’s Answer

    I do not think the charge will be dropped. It should be filed. Then, you son will enter the Juvenile Court arena. It will not be painless but be good supportive parents. It can also be important to have counsel in these matters as sometimes they become unpredictable.

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  • What recourse do I have from the seller with un-inhabitable space in a house that I'm buying?

    I am buying a house in New York State and my husband and I are currently in contract. The sellers represented to us that the "finished" attic was habitable but we are being notified, from town records, that the "finished" attic is in fact un-inha...

    Timothy’s Answer

    It depends on the measure of damages in your state. It could be the dimmuninition in value of the home or damages for repair. You would need some kind of expert or maybe the strong evidence. It is a lawsuit you can win. But can you get attorneys fees in your state? I do not know as I practice in CA

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  • How can I get a cease and desist order on a handyman who is almost a squatter on the property behind my home?

    This person works as a handyman for an elderly woman who resides elsewhere and he is constantly piling up trash and debris and coming late at night and having fires, with no concern for where the smoke or the smell goes. It really bothers us and w...

    Timothy’s Answer

    The City will not do anything unless it causes a public nuisance. You may be there already.

    First, notify the local police. They should be interested in this kind of activity. However, the quickest and cleanest way to do this would be to file a lawsuit for injunctive relief. You would want to get a court order that orders this person(s) not engage in a whole variety of conduct.

    The lawsuit would be quick and not expensive.

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